EANU HAJI Vs. MUSTAFA

JUDGEMENT

(1.) THE question that has come up for consideration is whether the commencement of new business during the pendency of the rent control proceedings would spell out lack of bona fides in a petition under S.11(3) of Act 2 of 1965.

(2.) RENT Control Petition was preferred by the landlord seeking eviction of two tenanted premises for the purpose of conducting business in auto garage, spare parts and a workshop. Tenanted premises is situated in Pookkayil Bazar Junction by the side of Unnial Road. Landlord started other business by name "Siddique Hardwares" in a tenanted premises in Tirur-Tanur Road. Contention was raised by the tenant that by starting another business during the pendency of the rent control proceedings the bona fide need urged by the landlord as far as tenanted premises is concerned stood extinguished.

(3.) WE have perused the Rent Control Petition, objection as well as the oral and documentary evidence. Landlord has specifically averred that he wants start a business in auto garage, spare parts and workshop. He has also averred that he had sufficient experience in the said line since he was away at Qatar for 20 years. At Qatar he was working as store in charge. While so he was dealing with the business relating to automobile spare parts and other accessories. The fact that he is experienced in dealing with spare parts and accessories cannot therefore be disputed. He therefore cherished a desire to start a business in his native place. Counsel for the tenants took us through Rent Control Petition and submitted that what was pleaded is that he wants to eke a livelihood, for the said purpose he wants to start a business. Counsel submitted he is well placed in life and therefore there is no necessity of starting a business for his livelihood. We are of the view this contention of the counsel for the tenant cannot be accepted. The mere fact that he is well placed in life does not mean that he shall not start any business, these are all individual choices. The desire expressed by the landlord to conduct a business in spare parts and accessories in our view is bona fide. We are therefore in agreement with the Rent Control Court that the need is bona fide.